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Information i told an attorney during a consultation was given to my ex wife's attorney

Discussion in 'Other Family Law Matters' started by Austin sweeney, May 6, 2021.

  1. Austin sweeney

    Austin sweeney Law Topic Starter New Member

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    I recently spoke to attorney during a consultation and told this attorney I wanted to get custody of my children. I didn't want my ex wife to know yet. I found out this attorney told my ex wife's husbands attorney that I was going for full custody. Is this legal?
     
  2. army judge

    army judge Super Moderator

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    Legalities can only be determined by a judge or jury AFTER due process has transpired.

    You don't get to say something

    Your something must be proven and the other party gets to heard.
     
  3. adjusterjack

    adjusterjack Super Moderator

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    When you consulted with the attorney about getting custody of your children did you say to the attorney:

    "I do not want my ex or her lawyer to know about this until we file for custody in court" or words to that effect."
     
    justblue likes this.
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    I would need more information to know if the lawyer violated the rules of professional conduct, which are the rules that each state has that govern the practice of law. In general when you consult a lawyer for legal advice the lawyer has a duty of confidentiality and also your communications with the lawyer are privileged. Thus, in this situation the lawyer should not have disclosed what you and the lawyer discussed to the opposing attorney unless it was necessary to achieve the goals of the client or is otherwise required by law or court rule. Did you hire this lawyer? When you asked the lawyer why he/she disclosed that information to the opposing counsel, what was the answer? If you haven't asked that question, that is the first thing you ought to do.
     
    zddoodah likes this.
  5. Tax Counsel

    Tax Counsel Well-Known Member

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    It would in most circumstances not be necessary for the OP to tell his lawyer that for the lawyer to still have a duty to not disclose it.
     
    zddoodah likes this.

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